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RES-2019-031 RESOLUTION NO. 2019-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PREMISES LOCATED AT 902 EAST KATELLA AVENUE, ANAHEIM, CALIFORNIA (DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00143) (DEV2018-00013) WHEREAS, pursuant to applicable provisions of the Business and Professions Code, the Department of Alcoholic Beverage Control (hereinafter the "Department") is charged with the responsibility of reviewing applications and issuance of licenses for the sale and/or manufacture of alcoholic beverages in the State of California; and WHEREAS, Section 23958 of the Business and Professions Code provides that the Department shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4 of said Business and Professions Code; and WHEREAS, Section 23958.4 of the Business and Professions Code provides that, notwithstanding the limitations of Section 23958, the Department shall issue a license if the applicant shows that "public convenience or necessity" would be served by the issuance of such license; and WHEREAS, said Section 23958.4 further provides that the determination of "public convenience or necessity" shall be made by the Department with regard to certain applications, and shall be made by the local governing body of the area in which the applicant premises are located with regard to certain other applications; and WHEREAS, as a local governing body within the meaning of said Section 23958.4 of the Business and Professions Code, the City Council of the City of Anaheim (hereinafter the "City Council") has heretofore adopted Anaheim City Council Resolution No. 95R-134 delegating determinations regarding "public convenience or necessity" which determinations are otherwise within the authority of the City Council to the Planning Commission of the City of Anaheim, and establishing procedures for the processing of such determinations, including the appeal of such determinations to the City Council, and providing for certain other procedural matters concerning the review and issuance of such licenses by the Department; and - 1 - WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission") did receive a verified petition for Public Convenience or Necessity No. 2018- 00143 for a new "Type 20" Off-Sale Beer and Wine Alcoholic Beverage Control (ABC) license to permit the sale of beer and wine for off-site consumption within a proposed convenience store ("Project") for certain real property located at 902 East Katella Avenue, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the"Property"); and WHEREAS, Public Convenience or Necessity No. 2018-00143 is proposed in conjunction with a request for Zoning Code Amendment No. 2018-00156 and Conditional Use Permit No. 2018-05956, now pending, which together with the Project, shall be referred to herein collectively as the"Proposed Project"; and WHEREAS, the Property, consisting of approximately 0.46 acre, is vacant and being used for outdoor storage. The Anaheim General Plan designates the Property for "MU" Mixed Use land uses. The Property is located within the underlying "I" Industrial Zone, implementing the "PTMU" Platinum Triangle Mixed Use Overlay Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.20 (Platinum Triangle Mixed Use Overlay) of the Anaheim Municipal Code(the "Code"); and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission did find and determine that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 3 —New Construction or Conversion of Small Structures) which consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is,therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 20, 2019 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith. Following said public hearing, and subject to the approval of Zoning Code Amendment No. 2018-05956, now pending, the Planning Commission adopted its Resolution No. PC2019-014 approving Conditional Use Permit No. 2018-05956 to construct a new 7-Eleven convenience market on the Property; and Resolution No. PC2019-015 determining that the public convenience or necessity would be served by the issuance of an alcoholic beverage control license for the sale of beer and wine on the Property for off-premises consumption; and - 2 - WHEREAS, on April 2, 2019, the City Council did hold a duly noticed public hearing to consider the Proposed Project and did receive and consider evidence and testimony for and against the Proposed Project, and based thereon does hereby make the findings and determinations hereinafter set forth; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW,.THEREFORE, BE IT RESOLVED by the City Council that the Proposed Project falls that class of projects (i.e., Class 3 —New Construction or Conversion of Small Structures) which consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. NOW BE IT FURTHER RESOLVED that the public convenience or necessity would be served by the proposed sale of beer and wine for off-premises consumption in conjunction with a convenience market, as contemplated by the Proposed Project, for the following reasons: 1. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to "public convenience or necessity" determinations; and, when the sale of alcoholic beverages for off-premises consumption is permitted by the Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 2. The Property is located within Census Tract No. 863.03 with a population of 6,212 that allows for three off-sale ABC licenses. There are presently five off-sale ABC licenses in the tract. The Property is located in Police Reporting District No. 2127, which has a crime rate that is below the City-wide average. The Police Department evaluates these requests based on the crime rate within a one-quarter mile radius of the Property for the subject site. The crime rate within 1/4 mile of this Property is seven percent above the City-wide average based upon calls for service. Since there is an overconcentration of off-sale licenses in the census tract and the crime rate is above the city-wide average, a determination of "public convenience or necessity" is required for this ABC license request. 3. The request to permit beer and wine sales for off-premises consumption in conjunction with a convenience store would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the Proposed Project is compatible with the nearby mixed-use residential developments and is intended to serve the area residents; and - 3 - 4. The determination of"Public Convenience or Necessity" can be made based on the finding that the license requested is consistent with the Planning Commission guideline for such determinations and further that the granting of the determination of Public Convenience or Necessity, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the City Council does hereby approve Public Convenience or Necessity No. 2018-00143, contingent upon and subject to (i) approval of Zoning Code Amendment No. 2018-00156, now pending; (ii) approval of Conditional Use Permit No. 2018-05956, now pending, and (iii) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. /// /// /// -4 - THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of April , 2019,by the following roll call vote: AYES:Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel, and O'Neil NOES:None ABSENT:None ABSTAIN: None CITY OF ANAHEIM B AeLd II //larK C ' OF TH' C TY •F ANAHEIM ATT._. . CI ERK OF CITY OF ANAHEIM 131795/LM - 5 - EXHIBIT "A" DEV NO. 2018-00013 APN: 083-751-03 F- z v) J 1 3 2 t W 1— � J W CO v1 E KATELLA AVE • 140' in in M M 150' 9y 9s� -47 9f. O 0 50 100 v Source:Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is+/-two to five feet. - b - EXHIBIT "B" DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2018-00143 (DEV2018-00013) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS There shall be no exterior advertising or sign of any kind or type, Police Department including advertising directed to the exterior from within,promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2 The area of alcoholic beverage displays shall not exceed 25% of the Police Department total display area in a building. 3 No display of alcoholic beverages shall be located outside of a Police Department building or within five(5) feet of any public entrance to the building. 4 The possession of alcoholic beverages in open containers and the Police Department consumption of alcoholic beverages are prohibited on or around these premises. 5 Any graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours. 6 Petitioner(s) shall police the area under their control in an effort to Police Department prevent the loitering of persons around the premises. 7 There shall be no pay to play amusement machines or video game Police Department devices maintained upon the premises at any time. 8 The petitioner(s) shall be responsible for maintaining free of litter the Police Department area adjacent to the premises over which they have control, as depicted. 9 Managers/Owners shall call the Department of Alcoholic Beverage Police Department Control and obtain LEAD (Licensee Education on Alcohol and Drugs Program), RBS, or similar certificate training for themselves and register employees. The contact number for ABC is 714-558-4101. 10 The Petitioner(s) shall post and maintain a professional quality sign Police Department facing the premises parking lot(s)that reads as follows: NO LOITERING,NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST - 7 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The sign shall be at least two feet square with two inch block lettering. The sign shall be in English and Spanish. 11 Alcohol shall not be sold between the hours of 2:00 a.m. —6:00 a.m. Police Department each day of the week. The applicant shall secure the doors to the refrigerated section the alcohol is displayed and sold from during those hours. GENERAL CONDITIONS 12 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 13 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred Department, to individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include,but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 14 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Department Planning Services and as conditioned herein. Division - 8 - CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2019-031 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of April, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Barnes, Brandman, Moreno, Faessel and O'Neil NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 5'day of April, 2019. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)